SUCHA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed with a prayer to quash order dated 23.10.2009 (P-5) passed by respondent No.3 vide which the petitioner was ordered to be dispossessed from the land in dispute and order dated 27.9.2012 (P-8) vide which appeal, filed by the petitioner against the above order, was dismissed.

(2.) Admittedly, the land in dispute is situated within abadi deh. The petitioner's ejectment was ordered on an application moved by the Gram Panchayat under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 (in short 'the Act').

(3.) It was specific contention of the petitioner throughout that the land falls in abadi deh and it is not being used for common purposes, as such, it would not fall in the definition of shamlat deh land as given under Section 2 (g) of the Act. Matter came up to this Court in CWP No. 20950 of 2010. That writ petition was disposed of by a Division Bench of this Court on 16.2.2012 by observing as under :-